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HERRINGTON v. SPELL

No. 92-CA-00947-SCT

692 So.2d 93 (1997)

Mary E. HERRINGTON and Clyde P. Herrington v. James P. SPELL, M.D.

Supreme Court of Mississippi.

April 17, 1997.

Attorney(s) appearing for the Case

Edward A. Williamson, Philadelphia, T. Jackson Lyons, Jackson, Rick F. Fortenberry, Jr., Meridian, for appellant.

Mildred M. Morris, James A. Becker, Jr., Watkins & Eager, Jackson, for appellee.

Jay Boling, Meridian, Merrida Coxwell, Keyes Danks Coxwell & Leonard, Thomas E. Royals, Jackson, for amicus curiae.

En Banc:

ON MOTION FOR REHEARING

PITTMAN, Justice, for the Court:

The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therefor.

A complaint alleging medical malpractice was filed against Dr. James P. Spell on behalf of Mary E. Herrington and her husband, Clyde P. Herrington, in December 1990. This complaint alleged that Dr. Spell contracted with Mrs. Herrington to perform a biopsy upon her and...

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